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PL 105-220, 1998 HR 1385 PL 105-220, enacted on August 7, 1998, 112 Stat 936 codified as: Section 504 of the Rehabilitation Act, 29 U.S.C. §
794d WORKFORCE INVESTMENT ACT OF 1998 SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY. (a)
REQUIREMENTS FOR FEDERAL DEPARTMENTS AND AGENCIES.-- (1) ACCESSIBILITY.-- (A) DEVELOPMENT, PROCUREMENT, MAINTENANCE,
OR USE OF ELECTRONIC AND INFORMATION TECHNOLOGY.--When developing, procuring, maintaining, or using electronic and information
technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden
would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type
of medium of the technology-- (i) individuals with disabilities who are Federal employees to have access to and use of
information and data that is comparable to the access to and use of the information and data by Federal employees who are
not individuals with disabilities; and (ii) individuals with disabilities who are members of the public seeking information
or services from a Federal department or agency to have access to and use of information and data that is comparable to the
access to and use of the information and data by such members of the public who are not individuals with disabilities. (B)
ALTERNATIVE MEANS EFFORTS.--When development, procurement, maintenance, or use of electronic and information technology that
meets the standards published by the Access Board under paragraph (2) would impose an undue burden, the Federal
department or agency shall provide individuals with disabilities covered by paragraph (1) with the information and data involved
by an alternative means of access that allows the individual to use the information and data. (2) ELECTRONIC AND INFORMATION
TECHNOLOGY STANDARDS.-- (A) IN GENERAL.--Not later than 18 months after the date of enactment of the Rehabilitation Act
Amendments of 1998, the Architectural and Transportation Barriers Compliance Board (referred to in this section as the 'Access
Board'), after consultation with the Secretary of Education, the Administrator of General Services, the Secretary of Commerce,
the Chairman of the Federal Communications Commission, the Secretary of Defense, and the head of any other Federal department
or agency that the Access Board determines to be appropriate, including consultation on relevant research findings, and after
consultation with the electronic and information technology industry and appropriate public or nonprofit agencies or organizations,
including organizations representing individuals with disabilities, shall issue and publish standards setting forth-- (i)
for purposes of this section, a definition of electronic and information technology that is consistent with the definition
of information technology specified in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)); and (ii)
the technical and functional performance criteria necessary to implement the requirements set forth in paragraph (1). (B)
REVIEW AND AMENDMENT.--The Access Board shall periodically review and, as appropriate, amend the standards required under
subparagraph (A) to reflect technological advances or changes in electronic and information technology. (3) INCORPORATION
OF STANDARDS.--Not later than 6 months after the Access Board publishes the standards required under paragraph (2), the Federal
Acquisition Regulatory Council shall revise the Federal Acquisition Regulation and each Federal department or agency shall
revise the Federal procurement policies and directives under the control of the department or agency to incorporate those
standards. Not later than 6 months after the Access Board revises any standards required under paragraph (2), the Council
shall revise the Federal Acquisition Regulation and each appropriate Federal department or agency shall revise the procurement
policies and directives, as necessary, to incorporate the revisions. (4) ACQUISITION PLANNING.--In the event that a Federal
department or agency determines that compliance with the standards issued by the Access Board under paragraph (2) relating
to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain
why compliance creates an undue burden. (5) EXEMPTION FOR NATIONAL SECURITY SYSTEMS.--This section shall not apply to
national security systems, as that term is defined in section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C.
1452). (6) CONSTRUCTION.-- (A) EQUIPMENT.--In a case in which the Federal Government provides access to the public
to information or data through electronic and information technology, nothing in this section shall be construed to require
a Federal department or agency-- (i) to make equipment owned by the Federal Government available for access and use by
individuals with disabilities covered by paragraph (1) at a location other than that where the electronic and information
technology is provided to the public; or (ii) to purchase equipment for access and use by individuals with disabilities
covered by paragraph (1) at a location other than that where the electronic and information technology is provided to the
public. (B) SOFTWARE AND PERIPHERAL DEVICES.--Except as required to comply with standards issued by the Access Board
under paragraph (2), nothing in paragraph (1) requires the installation of specific accessibility-related software or the
attachment of a specific accessibility-related peripheral device at a workstation of a Federal employee who is not an individual
with a disability. (b) TECHNICAL ASSISTANCE.--The Administrator of General Services and the Access Board shall provide
technical assistance to individuals and Federal departments and agencies concerning the requirements of this section. (c)
AGENCY EVALUATIONS.--Not later than 6 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the
head of each Federal department or agency shall evaluate the extent to which the electronic and information technology of
the department or agency is accessible to and usable by individuals with disabilities described in subsection (a)(1), compared
to the access to and use of the technology by individuals described in such subsection who are not individuals with disabilities,
and submit a report containing the evaluation to the Attorney General. (d) REPORTS.-- (1) INTERIM REPORT.--Not later
than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Attorney General shall prepare
and submit to the President a report containing information on and recommendations regarding the extent to which the electronic
and information technology of the Federal Government is accessible to and usable by individuals with disabilities described
in subsection (a)(1). (2) BIENNIAL REPORTS.--Not later than 3 years after the date of enactment of the Rehabilitation
Act Amendments of 1998, and every 2 years thereafter, the Attorney General shall prepare and submit to the President and Congress
a report containing information on and recommendations regarding the state of Federal department and agency compliance with
the requirements of this section, including actions regarding individual complaints under subsection (f). (e) COOPERATION.--Each
head of a Federal department or agency (including the Access Board, the Equal Employment Opportunity Commission, and the General
Services Administration) shall provide to the Attorney General such information as the Attorney General determines
is necessary to conduct the evaluations under subsection (c) and prepare the reports under subsection (d). (f) ENFORCEMENT.--
(1) GENERAL.-- (A) COMPLAINTS.--Effective 2 years after the date of enactment of the Rehabilitation Act Amendments
of 1998, any individual with a disability may file a complaint alleging that a Federal department or agency fails to comply
with subsection (a)(1) in providing electronic and information technology. (B) APPLICATION.--This subsection shall apply
only to electronic and information technology that is procured by a Federal department or agency not less than 2 years after
the date of enactment of the Rehabilitation Act Amendments of 1998. (2) ADMINISTRATIVE COMPLAINTS.--Complaints filed
under paragraph (1) shall be filed with the Federal department or agency alleged to be in noncompliance. The Federal department
or agency receiving the complaint shall apply the complaint procedures established to implement section 504 for resolving
allegations of discrimination in a federally conducted program or activity. (3) CIVIL ACTIONS.--The remedies, procedures,
and rights set forth in sections 505(a)(2) and 505(b) shall be the remedies, procedures, and rights available to any individual
with a disability filing a complaint under paragraph (1). (g) APPLICATION TO OTHER FEDERAL LAWS.--This section shall
not be construed to limit any right, remedy, or procedure otherwise available under any provision of Federal law (including
sections 501 through 505) that provides greater or equal protection for the rights of individuals with disabilities than this
section. A Grassroot Membership Registry for Massachusetts Freelance
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